617.482.8200

Our Firm

Conn Kavanaugh is a Boston law firm that represents individuals and organizations ranging from closely held and family businesses to Fortune 100 companies. Since our founding in 1988, clients have relied on us for practical and realistic strategies to resolve legal issues quickly and effectively, both in and out of the courthouse.

Leadership

Conn Kavanaugh attorneys hold leadership positions in many community and bar organizations, publish articles and speak at continuing legal education seminars. The Supreme Judicial Court of Massachusetts appointed one of our founding partners to the Massachusetts Board of Bar Overseers (BBO), the official body that investigates and evaluates complaints against lawyers. Several other firm attorneys are hearing officers for the BBO.

Pro Bono Services

Our attorneys provide pro bono legal services in collaboration with a number of nonprofit organizations, including the Legal Food Hub, Massachusetts Advocates for Children, the Women's Bar Foundation, the Victim Rights Law Center, Volunteer Lawyers Project, Health Law Advocates and Discovering Justice.

Awards

  • 2015: Conn Kavanaugh has received a First Tier ranking in Boston for Employment Litigation by U.S. News – Best Lawyers® “Best Law Firms” for 2015.
  • 2015: Four Conn Kavanaugh attorneys were listed in The Best Lawyers in America © 2015.
  • 2014: The publishers of Boston Magazine selected 16 Conn Kavanaugh attorneys as Massachusetts Super Lawyers. The publication also placed members of our team on its lists of Top 100 Massachusetts Lawyers, Top 100 New England Lawyers, Top 50 Massachusetts Women Lawyers, Top 50 New England Women Lawyers, and Massachusetts Rising Stars.
  • 2014: The American Bar Association's Tort Trial & Insurance Section honored one of our partners with the Edmund S. Muskie Pro Bono Service Award. 
  • 2013: Law & Politics selected 12 Conn Kavanaugh attorneys as Massachusetts Super Lawyers. The publication also placed members of our team on its lists of Top 100 Massachusetts Lawyers, Top 50 Massachusetts Women Lawyers, and Massachusetts Rising Stars.
  • 2013: The Massachusetts Defense Lawyers Association (MDLA) honored one of our partners with the Defense Lawyer of the Year award.

Why Choose Conn Kavanaugh

Boston is home to dozens of excellent law firms. Why should you turn to Conn Kavanaugh for assistance with your legal needs?

Accessibility

Conn Kavanaugh offers a level of accessibility and responsive, attentive service that larger firms cannot match. Maintaining close contact and open communication with clients really matters here. We believe in listening to clients and advising them in specific terms to solve their legal challenges. And we aim to develop an ongoing relationship of trust and confidence with clients, becoming part of their team.

Specialized Expertise

We deliver many of the benefits you might associate with a larger firm — for example, breadth and depth of expertise. Each of our attorneys focuses on a select number of practice areas. Collectively, they give our firm the highly specialized expertise necessary to address wide-ranging client needs.

Transactional Experience

Our business attorneys have decades of experience negotiating deals for acquiring and selling companies through mergers, consolidations and asset and stock transactions. We are strong advocates and skilled negotiators. In addition, we bring considerable value to our clients in getting deals done efficiently and effectively while never losing sight of the importance of identifying and managing risk.

Litigation Experience

The Conn Kavanaugh team includes seasoned former prosecutors and a strong, deep bench of attorneys with civil and criminal trial experience, which equips us to solve complex litigation cases for clients. Some of our attorneys are fellows in the American College of Trial Lawyers, the nation's premier professional trial organization.

Cost-efficiency

One reason so many of our clients choose us is that we staff our cases leanly and charge reasonable fees. In addition, we provide practical and realistic strategies to resolve legal issues quickly and effectively, within budgetary constraints.

Please call us today at 617.482.8200 to learn more about what sets Conn Kavanaugh apart.

Search our Attorneys

    A B C D E F G H I J K L M N O P Q R S T U V W X Y Z View All

    Business Litigation

    Our Business Litigation practice group offers the experience of seasoned lawyers who recognize the value of solving problems to promote your business success.

    Read More...

    Anthony V. Bova
    Anthony Bova
    Russell F. Conn
    Russell Conn
    Andrew R. Dennington
    Andrew Dennington
    Catherine M. DiVita
    Catherine DiVita
    Daniel R. Fishman
    Daniel Fishman
    Kurt B. Fliegauf
    Kurt Fliegauf
    Thomas J. Gallitano
    Thomas Gallitano
    Erin K. Higgins
    Erin Higgins
    James F. Kavanaugh, Jr.
    James Kavanaugh, Jr.
    Julie  Martin
    Julie Martin
    Mary ('Beth') E. O'Neal
    Mary ('Beth') O'Neal
    Kathleen R. O'Toole
    Kathleen O'Toole
    Thomas E. Peisch
    Thomas Peisch
    James B. Peloquin
    James Peloquin
    Michael J. Rossi
    Michael Rossi
    Conor  Slattery
    Conor Slattery
    Carol A. Starkey
    Carol Starkey
    Christopher K. Sweeney
    Christopher Sweeney
    Alexis P. Theriault
    Alexis Theriault
    James Gray  Wagner
    James Gray Wagner

    Complex Tort Defense

    Since its founding in 1988, a staple of Conn Kavanaugh’s practice has been the defense of business entities in serious and complex personal injury or property damage actions.

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    Anthony V. Bova
    Anthony Bova
    Russell F. Conn
    Russell Conn
    Daniel R. Fishman
    Daniel Fishman
    Erin K. Higgins
    Erin Higgins
    James F. Kavanaugh, Jr.
    James Kavanaugh, Jr.
    Johanna L. Matloff
    Johanna Matloff
    Kathleen R. O'Toole
    Kathleen O'Toole
    Thomas E. Peisch
    Thomas Peisch
    James B. Peloquin
    James Peloquin
    Michael J. Rossi
    Michael Rossi
    Alexis P. Theriault
    Alexis Theriault
    James Gray  Wagner
    James Gray Wagner

    Construction

    Whether you are the owner, design professional, general contractor, project administrator, subcontractor, or supplier on a construction project, our Construction practice will assist you in achieving a successful project outcome.

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    Russell F. Conn
    Russell Conn
    Daniel R. Fishman
    Daniel Fishman
    James B. Peloquin
    James Peloquin
    Christopher K. Sweeney
    Christopher Sweeney
    James Gray  Wagner
    James Gray Wagner

    Corporate / Transactional

    Our Corporate/Transactional practice has a broad range of skills. This versatility allows them to remain a principal point of contact with our business clients and to move freely across multiple disciplines to ensure continuity of representation.

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    Barry E. Gold
    Barry Gold
    Gregory J. Murphy
    Gregory Murphy
    Bob B. Rosenthal
    Bob Rosenthal
    Neil R. Schauer
    Neil Schauer

    Criminal / White Collar / Regulatory

    We have extensive experience advising businesses and individuals who are the subject of criminal or regulatory investigations or proceedings.

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    Thomas J. Gallitano
    Thomas Gallitano
    Thomas E. Peisch
    Thomas Peisch
    Carol A. Starkey
    Carol Starkey
    Glen A. Tagliamonte
    Glen Tagliamonte
    Kirsten Z. Young
    Kirsten Young

    Employment Litigation / Counseling

    Employers and employees alike look to Conn Kavanaugh’s employment lawyers for advice in navigating the increasingly complex web of state and federal statutes,

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    Anthony V. Bova
    Anthony Bova
    Russell F. Conn
    Russell Conn
    Andrew R. Dennington
    Andrew Dennington
    Catherine M. DiVita
    Catherine DiVita
    Daniel R. Fishman
    Daniel Fishman
    Thomas J. Gallitano
    Thomas Gallitano
    Barry E. Gold
    Barry Gold
    James F. Kavanaugh, Jr.
    James Kavanaugh, Jr.
    Johanna L. Matloff
    Johanna Matloff
    Mary ('Beth') E. O'Neal
    Mary ('Beth') O'Neal
    Kathleen R. O'Toole
    Kathleen O'Toole
    Michael J. Rossi
    Michael Rossi
    Conor  Slattery
    Conor Slattery
    Carol A. Starkey
    Carol Starkey
    Alexis P. Theriault
    Alexis Theriault

    Estate Planning / Administration

    Our Estate Planning attorneys help individuals and their families plan for the future and protect their assets. We handle all aspects of estate planning.

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    George M. Ford
    George Ford
    Sheila B. Giglio
    Sheila Giglio
    Gregory J. Murphy
    Gregory Murphy
    Neil R. Schauer
    Neil Schauer
    Kirsten Z. Young
    Kirsten Young

    Family Law / Probate Litigation

    Our experienced Family Law/Probate Litigation attorneys work zealously to ensure rightful asset distributions in these emotionally charged proceedings. Our group handles a wide range of areas including prenuptial agreements, custody disputes, and post-divorce support or estate modifications.

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    Steven O. Anderson-Garrison
    Steven Anderson-Garrison
    George M. Ford
    George Ford
    Sheila B. Giglio
    Sheila Giglio
    Laurel K.  Koes
    Laurel K. Koes
    Christina  Pashou
    Christina Pashou
    James Gray  Wagner
    James Gray Wagner
    Kirsten Z. Young
    Kirsten Young
    Lindsay  Zelek-Thompson
    Lindsay Zelek-Thompson

    Insurance Litigation

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    Russell F. Conn
    Russell Conn
    Catherine M. DiVita
    Catherine DiVita
    Daniel R. Fishman
    Daniel Fishman
    Kurt B. Fliegauf
    Kurt Fliegauf
    Erin K. Higgins
    Erin Higgins
    James F. Kavanaugh, Jr.
    James Kavanaugh, Jr.
    Johanna L. Matloff
    Johanna Matloff
    Thomas E. Peisch
    Thomas Peisch

    Land Use / Real Estate Litigation

    Our Land Use/Real Estate Litigation practice has extensive experience in handling real estate disputes of all kinds and at all levels. We can develop a strategy for your dispute.

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    Andrew R. Dennington
    Andrew Dennington
    George M. Ford
    George Ford
    James B. Peloquin
    James Peloquin
    Conor  Slattery
    Conor Slattery
    Christopher K. Sweeney
    Christopher Sweeney
    James Gray  Wagner
    James Gray Wagner

    Mediation / Arbitration

    Having litigated hundreds of cases, the Mediation/Arbitration practice is well-equipped to effectively value cases to resolve disputes according to your needs and goals.

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    Thomas E. Peisch
    Thomas Peisch
    James B. Peloquin
    James Peloquin

    Product Liability

    Conn Kavanaugh’s lawyers regularly represent manufacturers, distributors, and retailers in defending against product liability claims.

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    Russell F. Conn
    Russell Conn
    Daniel R. Fishman
    Daniel Fishman
    Erin K. Higgins
    Erin Higgins
    Johanna L. Matloff
    Johanna Matloff
    Thomas E. Peisch
    Thomas Peisch
    James B. Peloquin
    James Peloquin
    Michael J. Rossi
    Michael Rossi

    Professional Liability

    Our trial attorneys are accomplished in defending claims against attorneys, health care professionals, insurance agents and brokers, and other professionals.

    Read More...

    Anthony V. Bova
    Anthony Bova
    Russell F. Conn
    Russell Conn
    Andrew R. Dennington
    Andrew Dennington
    Catherine M. DiVita
    Catherine DiVita
    Daniel R. Fishman
    Daniel Fishman
    Kurt B. Fliegauf
    Kurt Fliegauf
    Thomas J. Gallitano
    Thomas Gallitano
    Erin K. Higgins
    Erin Higgins
    Johanna L. Matloff
    Johanna Matloff
    Kathleen R. O'Toole
    Kathleen O'Toole
    Thomas E. Peisch
    Thomas Peisch
    James B. Peloquin
    James Peloquin
    Michael J. Rossi
    Michael Rossi
    Carol A. Starkey
    Carol Starkey
    Christopher K. Sweeney
    Christopher Sweeney
    Glen A. Tagliamonte
    Glen Tagliamonte
    Alexis P. Theriault
    Alexis Theriault
    James Gray  Wagner
    James Gray Wagner

    Real Estate

    Our Real Estate practice provides skilled representation in a variety of transactions, including the financing, leasing, acquisition and disposition of commercial properties.

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    Barry E. Gold
    Barry Gold
    Bob B. Rosenthal
    Bob Rosenthal
    Neil R. Schauer
    Neil Schauer

    Architects/Engineers

    Conn Kavanaugh has a wealth of experience advising and representing architects and engineers in many aspects of their businesses.

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    Russell F. Conn
    Russell ConnPartner
    James B. Peloquin
    James PeloquinPartner
    Christopher K. Sweeney
    Christopher SweeneyAssociate
    Glen A. Tagliamonte
    Glen TagliamonteSenior Counsel

    Cannabis

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    Anthony V. Bova
    Anthony BovaAssociate
    Andrew R. Dennington
    Andrew DenningtonPartner
    Thomas J. Gallitano
    Thomas GallitanoPartner
    Erin K. Higgins
    Erin HigginsPartner
    Johanna L. Matloff
    Johanna MatloffPartner
    Gregory J. Murphy
    Gregory MurphySenior Counsel
    Mary ('Beth') E. O'Neal
    Mary ('Beth') O'NealOf Counsel
    Kathleen R. O'Toole
    Kathleen O'TooleAssociate
    Bob B. Rosenthal
    Bob RosenthalPartner
    Michael J. Rossi
    Michael RossiPartner
    Conor  Slattery
    Conor SlatteryAssociate
    Glen A. Tagliamonte
    Glen TagliamonteSenior Counsel
    James Gray  Wagner
    James Gray WagnerPartner

    Closely Held/Family Businesses

    Conn Kavanaugh’s business attorneys have a broad range of skills and are very experienced in providing legal services to family-owned and other closely-held businesses.

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    Daniel R. Fishman
    Daniel FishmanAssociate
    Barry E. Gold
    Barry GoldPartner
    Bob B. Rosenthal
    Bob RosenthalPartner
    Neil R. Schauer
    Neil SchauerPartner

    Construction

    Conn Kavanaugh has provided an array of services to private and public clients in the construction industry, including the manufacturers of building materials and systems.

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    Kurt B. Fliegauf
    Kurt FliegaufPartner
    James B. Peloquin
    James PeloquinPartner
    Christopher K. Sweeney
    Christopher SweeneyAssociate
    Glen A. Tagliamonte
    Glen TagliamonteSenior Counsel
    James Gray  Wagner
    James Gray WagnerPartner

    Financial Services

    Conn Kavanaugh draws upon a wide range of disciplines to meet the needs of individual and institutional clients in the financial services industry.

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    Andrew R. Dennington
    Andrew DenningtonPartner
    Daniel R. Fishman
    Daniel FishmanAssociate
    Thomas J. Gallitano
    Thomas GallitanoPartner
    Carol A. Starkey
    Carol StarkeyPartner

    Food and Beverage

    Our decades of work in the food and beverage industry, including alcohol regulatory and distribution, have permitted us to gain expertise and insight into the typically fast paced and challenging world of our clients engaged in the food and beverage industry.

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    Anthony V. Bova
    Anthony BovaAssociate
    James F. Kavanaugh, Jr.
    James Kavanaugh, Jr.Partner
    Mary ('Beth') E. O'Neal
    Mary ('Beth') O'NealOf Counsel
    Kathleen R. O'Toole
    Kathleen O'TooleAssociate
    Conor  Slattery
    Conor SlatteryAssociate

    Government

    Conn Kavanaugh provides an array of services to clients in the public sector, including state agencies, municipalities, and public officials.

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    Andrew R. Dennington
    Andrew DenningtonPartner
    Daniel R. Fishman
    Daniel FishmanAssociate
    Kurt B. Fliegauf
    Kurt FliegaufPartner
    J. P. Christian MildeAssociate
    Carol A. Starkey
    Carol StarkeyPartner

    Healthcare

    The Conn Kavanaugh team has the skills and experience necessary to successfully maneuver our clients through the increasingly complex and highly regulated environment of the health care industry.

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    Andrew R. Dennington
    Andrew DenningtonPartner
    Daniel R. Fishman
    Daniel FishmanAssociate
    Johanna L. Matloff
    Johanna MatloffPartner
    Thomas E. Peisch
    Thomas PeischOf Counsel
    Michael J. Rossi
    Michael RossiPartner
    Carol A. Starkey
    Carol StarkeyPartner

    Insurance

    Our lawyers work with our insurance industry clients in a variety of ways. We represent their insureds in virtually every type of lawsuit for which insurance coverage is available. We represent insurance companies directly in bad faith actions, and in high-exposure losses or losses that present unusual or challenging coverage issues.

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    Russell F. Conn
    Russell ConnPartner
    Catherine M. DiVita
    Catherine DiVitaAssociate
    Daniel R. Fishman
    Daniel FishmanAssociate
    Kurt B. Fliegauf
    Kurt FliegaufPartner
    Erin K. Higgins
    Erin HigginsPartner
    Johanna L. Matloff
    Johanna MatloffPartner
    Thomas E. Peisch
    Thomas PeischOf Counsel
    Michael J. Rossi
    Michael RossiPartner
    Alexis P. Theriault
    Alexis TheriaultAssociate
    James Gray  Wagner
    James Gray WagnerPartner

    Law Firms

    Since the firm was founded in 1988, our attorneys have been known as “lawyers’ lawyers.”

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    Russell F. Conn
    Russell ConnPartner
    Daniel R. Fishman
    Daniel FishmanAssociate
    Thomas J. Gallitano
    Thomas GallitanoPartner
    Erin K. Higgins
    Erin HigginsPartner
    Julie  Martin
    Julie MartinAssociate
    J. P. Christian MildeAssociate
    Thomas E. Peisch
    Thomas PeischOf Counsel
    Bob B. Rosenthal
    Bob RosenthalPartner
    Michael J. Rossi
    Michael RossiPartner
    Christopher K. Sweeney
    Christopher SweeneyAssociate

    Manufacturing

    Conn Kavanaugh has broad experience in representing the interests and needs of various manufacturers.

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    Russell F. Conn
    Russell ConnPartner
    Barry E. Gold
    Barry GoldPartner
    Erin K. Higgins
    Erin HigginsPartner
    Johanna L. Matloff
    Johanna MatloffPartner

    Real Estate

    Conn Kavanaugh has a wealth of experience in the real estate field.

    Read More...

    George M. Ford
    George FordOf Counsel
    Bob B. Rosenthal
    Bob RosenthalPartner
    Michael J. Rossi
    Michael RossiPartner
    Neil R. Schauer
    Neil SchauerPartner
    Christopher K. Sweeney
    Christopher SweeneyAssociate
    James Gray  Wagner
    James Gray WagnerPartner

    Staffing and Recruiting

    Staffing companies and Professional Employer Organizations (PEOs) are playing an increasingly important role in many aspects of human resource management, as employers are relying more and more on staffing companies and PEOs for payroll and employee benefit administration, risk management, and other increasingly complex administrative burdens.

    Read More...

    Daniel R. Fishman
    Daniel FishmanAssociate
    Thomas J. Gallitano
    Thomas GallitanoPartner
    Barry E. Gold
    Barry GoldPartner
    Johanna L. Matloff
    Johanna MatloffPartner
    Mary ('Beth') E. O'Neal
    Mary ('Beth') O'NealOf Counsel

    NEWS

    May 15, 2020

    Massachusetts Supreme Judicial Court Strengthens Weapons Available to Defendant Landowners Facing Defective Claims Allegedly Involving Title to Real Estate

    By Christopher K. Sweeney and James G. Wagner

    In cases allegedly involving an interest in real property, the Massachusetts lis pendens statute, G.L. c. 184, § 15, allows the defendant to file a special motion to dismiss frivolous claims. If the trial court allows the motion, it must award the successful defendant the attorneys fees and costs incurred in defending the case. But what happens if the plaintiff appeals? If the judgment is affirmed, does the defendant get its appellate attorneys’ fees too? According to a recent Supreme Judicial Court decision, the answer is yes. See DeCicco v. 180 Grant Street, LLC, No. SJC-12831, 2020 WL 2312751 (Mass. May 11, 2020).

    First, some background.

    What is lis pendens?

    At common law, purchasers of real property acquired title subject to the result of any pending litigation affecting the property. So, if Mr. Smith sued Mr. Jones alleging that Jones swindled him out of his interest in Blackacre, and during the lawsuit Jones sold Blackacre to Mrs. Moore (who knew nothing about the suit), Mrs. Moore would lose her interest in the property if Jones prevailed against Smith.

    To mitigate the risk to unwitting purchasers like Mrs. Moore, many state legislatures enacted laws allowing plaintiffs to record memoranda of lis pendens in cases involving title to real estate. Essentially, a lis pendens – latin for “suit pending” – puts potential buyers and lenders on record notice – that is, through the registry of deeds – that a pending lawsuit may adversely affect the property’s title.  The lis pendens, then, is a powerful tool in a plaintiff’s arsenal: Because no serious buyer or lender would touch a property subject to a lis pendens, the recording of a lis pendens effectively prevents the owner from selling or refinancing until the suit is resolved or alternate security is negotiated.

    How does the Massachusetts lis pendens statute work?


    In Massachusetts, a plaintiff interested in using the lis pendens statute must first file a verified complaint against all record owners and leaseholders alleging at least one claim that could, if proven, affect the use of or title to real estate. Next, the plaintiff must submit to the court a memorandum of lis pendens, which must include the names of the parties to the lawsuit, the court in which the case is pending, the name of the city or town where the property lies, and a description of the property sufficient to identify it. If the court finds that the action, on its face, implicates use or title to real estate, it will endorse the lis pendens. The plaintiff then must records the lis pendens in registry of deeds covering the county where the land sits.

    So what’s a defendant to do if its property is burdened by a lis pendens?

    In balancing the rights of plaintiffs and defendants, the legislature included a provision in the lis pendens statute allowing defendant to specially move to dismiss actions in which a lis pendens has been recorded. To prevail on a special motion to dismiss, the defendant must show that the plaintiff’s underlying complaint is frivolous. An action is frivolous if it is devoid of any factual or legal support or if it must be dismissed based on an obvious affirmative defense like the Statute of Frauds. Unlike a motion to dismiss under Rule 12(b)(6), a defendant may submit verified pleadings and affidavits in support of a special motion to dismiss under the lis pendens statute.

    What relief can the court award a defendant under the lis pendens statute?

    If the defendant prevails on a special motion to dismiss, the trial court must award the defendant all attorneys’ fees and costs spent on defending the action. The statute, however, says nothing about whether the defendant is also entitled to appellate attorneys’ fees if the plaintiff unsuccessfully appeals from a ruling on a special motion to dismiss.

    The SJC took on this issue of first impression in DeCicco. There, the disappointed prospective buyers sued the seller alleging that the seller reneged on a fully formed sales contract. They also sought and obtained a memorandum of lis pendens. The seller then filed a special motion to dismiss the case. The court allowed the motion and awarded the seller its attorneys fees, as required under the lis pendens statute. Unsatisfied with that result, the buyers appealed to the Appeals Court and then to the SJC. Analogizing the lis pendens statute to the Anti-SLAPP statute, the Court held that where the special motion to dismiss protocol was broadly meant to protect defendants against groundless litigation, the only fair result was to award a successful defendant all of its attorneys’ fees, not just those incurred in the trial court.

    So, what should litigants take away from DeCicco?

    A memorandum of lis pendens is a powerful weapon for plaintiffs. But like many weapons, it must be wielded responsibly to avoid kickback. Plaintiffs should be sure that their claims are well-supported in fact and law before seeking a lis pendens. And they should be doubly sure of their claims in deciding to appeal the dismissal of claims a trial court judge has already found to be frivolous. Landowners, on the other hand, should strongly consider using the statute’s special motion to dismiss to summarily dispose of nuisance suits at the plaintiff’s expense.

    If you have any questions about getting or dissolving a lis pendens, please do not hesitate to contact James Gray Wagner, Christopher K. Sweeney, or any other member of Conn Kavanaugh’s Land Use practice group.

    To be clear, a lis pendens is available only when the plaintiff claims a right to own or occupy the property (as in a lease), not in just any real estate case
    2 Because the endorsement of lis pendens memoranda implicates constitutional concerns about due process and property interests, the statutory protocol for getting a lis pendens is rigorously applied.